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(영문) 서울중앙지방법원 2017.04.20 2014고단6740
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 11, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court on October 11, 2009, and completed the execution of the sentence at the Ansan Prison on May 24, 2010.

The Defendant was called up to support administrative affairs, etc. on October 11, 1999, and was convicted on several occasions while serving as public interest service personnel in the Gwanak-gu Seoul Special Metropolitan City Office B by serving as public interest service personnel in the Seoul Special Metropolitan City Office B, and was released from the Gyeyang Prison on May 24, 2010 as above.

No public duty personnel shall desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, on June 18, 2010, the defendant received "a service notice and re-service notice" under the name of the head of the Gu in the name of the head of the Gu in the Gwanak-gu Office B from June 28, 2010 with the content that "from the date of June 28, 2010 to work as public duty personnel in the Gwanak-gu Office B division for the remaining service period" from the date of June 28, 2010 to the same year without justifiable grounds.

7. Until July 8, the applicant did not serve in that field for eight working days.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written investigation report on renunciation of service and a written accusation and a written accusation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (in the same case, filing of written judgment records);

1. It is so decided as per Disposition on the grounds of subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts under the relevant Act.

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